Sangamon & Drummer Drainage Dist. v. Illinois Cent. R. Co.
| Decision Date | 07 April 1916 |
| Docket Number | No. 10471.,10471. |
| Citation | 112 N.E. 64,272 Ill. 374 |
| Court | Illinois Supreme Court |
| Parties | SANGAMON & DRUMMER DRAINAGE DIST. v. ILLINOIS CENT. R. CO. |
OPINION TEXT STARTS HERE
Error to Champaign County Court; Roy C. Freeman, Judge.
Proceeding by the Sangamon & Drummer Drainage District for an order authorizing the construction of additional work and the assessment of the cost thereof. From an order affirming a special assessment of the estimated amounts upon the land described, the Illinois Central Railroad Company, objector, brings error. Reversed.
Green, Jones & Palmer, of Urbana, for plaintiff in error.
Dobbins & Dobbins, of Champaign, and Phillips & Swanson, for defendant in error.
The Sangamon & Drummer Drainage District in the counties of Champaign and Ford filed a petition in the county court of Champaign county on February 4, 1915, setting forth that the main ditch of the district had been constructed in accordance with the order of the court, and representing that certain lands within the district, located mostly within the corporate limits of the city of Gibson, a city of over 2,000 inhabitants, needed additional drainage; that the cost of constructing the additional work was estimated at $38,273.96; that certain described lands would be benefited by the work, and praying for an order authorizing the construction of the work and the assessment of the costs upon the lands described as benefited thereby, including streets and alleys. The proceeding resulted in an order of the county court confirming a special assessment of the estimated amount upon the lands described, including the property of the Illinois Central Railroad Company, which had appeared and objected to the assessment and has sued out a writ of error to reverse the order of confirmation.
It will only be necessary to consider the first objection, which was that the additional assessment was proposed to be made, not upon all the lands within the drainage district, but only upon a certain portion of said lands described in the petition.
The drainage district was organized under the Levee Act, section 37 of which authorizes the commissioners to petition the court for the levy of an additional assessment ‘on the land within any district when it shall appear to the court that the previous assessment or assessments have been expended, or are inadequate to complete such work, or are necessary for maintenance or repair, or when it shall become necessary for the...
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...rather than section 37 of the Levee Act. People ex rel. King v. Leonard, 279 Ill. 159, 116 N.E. 623;Sangamon & Drummer Drainage District v. Illinois Central R. Co., 272 Ill. 374, 112 N.E. 64. Section 37 of the Levee Act, however, provides that upon proper petition the court, after a hearing......
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